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5A.--(1) A licence to provide a local radio service may not be held by a person who runs a local newspaper which has, or local newspapers which for the time being together have, a local market share of 50 per cent. or more in the coverage area of the service unless--
(a) the service in question shares a potential audience with another local radio service, but
(b) he does not hold any other licence to provide a local radio service whose coverage area is to any extent the same as the coverage area of the service in question.
(2) The reference in sub-paragraph (1) to sharing a potential audience shall be construed in accordance with paragraph 12(5) in Part III of this Schedule.
(3) For the purposes of this paragraph a person shall be treated as holding a licence if the licence is held by a person connected with him.'
No. 157, in page 131, line 10, at end insert--
No. 67, in page 131, line 22, leave out from beginning to 'that' in line 23 and insert 'permitted period'.--[Mr. Wood.]
Mr. Deputy Speaker (Mr. Michael Morris):
I shall now call amendment No. 68--
Dr. Moonie:
I am on my feet, Mr. Deputy Speaker. I want to speak on amendment No. 67.
Mr. Deputy Speaker:
It is too late. Voices have to be heard--physical movement is not enough.
Amendments made: No. 68, in page 131, leave out lines 37 to 40 and insert--
No. 69, in page 131, line 40, at end insert--
No. 70, in page 131, line 51, leave out from beginning to 'that' in line 52 and insert 'permitted period'.
No. 71, in page 132, line 17, leave out from first 'the' to 'that' in line 18 and insert 'permitted period'.
No. 72, in page 132, leave out lines 36 to 41.
No. 73, in page 132, line 44, at end insert--
No. 74, in page 132, line 48, leave out 'relevant authority' and insert 'Commission'.
No. 75, in page 132, line 48, leave out from 'determine' to first 'that' in line 51 and insert
No. 76, in page 132, line 52, at end insert--
No. 77, in page 133, line 4, leave out 'relevant authority' and insert 'Commission'.
No. 78, in page 133, line 4, leave out from first 'the' to 'that' in line 6 and insert 'permitted period'.
No. 79, in page 133, line 22, leave out 'relevant authority' and insert 'Commission'.
No. 80, in page 133, line 22, leave out from first 'the' to 'that' in line 24 and insert 'permitted period'.
No. 81, in page 133, line 41, leave out lines 41 to 44 and insert--
No. 82, in page 133, line 52, leave out '9(2)' and insert '9(1), (2)'.
No. 83, in page 134, line 21, leave out '9(2)' and insert '9(1), (2)'.
No. 84, in page 134, line 24, leave out '9(2)' and insert '9(1), (2)'.
No. 85, in page 135, line 3, leave out '9(2)' and insert '9(1), (2)'.
No. 158, in page 135, line 5, at end insert--
'(5) This paragraph has effect subject to paragraph 6A.
6A.--(1) The Secretary of State may by order provide that, where a digital sound programme service is provided in any area, the holding, by a person who runs a local newspaper or local newspapers as mentioned in paragraph 6(1), of two or more licences to provide in that area local radio services which for the purposes of paragraph 6 share a potential audience with each other or with each of the others shall, instead of being subject to the restrictions specified in paragraph 6, be subject to other restrictions specified in the order.
(2) For the purposes of any order under sub-paragraph (1), a person shall be treated as holding a licence if the licence is held by a person connected with him.'
'(5) Subject to sub-paragraph (6), in this paragraph "the permitted period" means a period beginning with the day on which the licence holder becomes, or becomes connected with, the proprietor of the national or local newspaper ("the relevant day") and ending--
(a) in a case where the licence holder has, before the relevant day, notified the relevant authority that he will become, or become connected with the proprietor of that national or local newspaper on that day, at the end of the period of three months beginning with the relevant day, or
(b) in any other case, at the end of the period of three months beginning with the day on which the licence holder notifies the relevant authority that he has become, or has become connected with, the proprietor of that national or local newspaper.
(6) The relevant authority may in a particular case, after consultation with the licence holder, notify him before the time when the permitted period would (apart from this sub-paragraph) have ended that the permitted period in that case is to be calculated as if the references in sub-paragraph (5) to three months were references to such longer period specified in the notification as the relevant authority reasonably consider necessary in the circumstances.'
'( ) Nothing in any of the preceding provisions of this Schedule shall be construed as affecting the operation of this paragraph or paragraph 8 or 9.'
'(8) In this paragraph "the permitted period" has the meaning given by paragraph 7(5) and (6).'
'before the end of the period specified in sub-paragraph (1A)'.
'(1A) The period referred to in sub-paragraph (1) is the period of three months beginning with the day on which the Commission are notified pursuant to section 19(3) of the 1996 Act of an agreement to provide the digital programme service, or such longer period beginning with that day as the Commission may in a particular case, after consultation with the licence holder, notify him during those three months as being the period which they reasonably consider necessary in the circumstances.'
'(6) In this paragraph--
(a) references to a relevant local newspaper shall be construed in accordance with paragraph 8(7), and
.--(1) The Secretary of State may by order--
(a) prescribe restrictions on the holding of one or more licences to provide restricted television services by a person who runs a national or local newspaper, and
(b) apply any of the provisions of paragraphs 7 to 11, with such modifications as may be specified in the order, in relation to the holding of a licence to provide a restricted television service.
(2) Any order under sub-paragraph (1) may provide that, for the purposes of any provision of the order, a person is to be treated as holding a licence if the licence is held by a person connected with him.
(3) In this paragraph "restricted television service" means a restricted service within the meaning of Part I of this Act.'--[Mr. Wood.]
Amendments made: No. 159, in page 64, line 39, leave out
'imposed under subsection (1) or section 5(2)(d)'
and insert
'in a regional Channel 3 licence'.
No. 160, in page 64, line 45, leave out 'without that change having' and insert
'(whether or not that change has'.
No. 161, in page 66, leave out lines 25 to 28 and insert--
'(8) Where, in a case falling within subsection (2)(a), a notice under subsection (3) or (4) varying a licence is served before the change to which it relates takes place, the variation shall not take effect until the change takes place.'--[Mr. Wood.]
Amendments made: No. 93, in page 70, line 26, after 'power' insert-- '(a)".
No. 94, in page 70, line 28, after 'form' insert
'in any part of the United Kingdom'.
No. 95, in page 70, line 29, at end insert
'and
(b) to establish qualifying companies, to purchase or otherwise acquire shares, stocks or other securities of qualifying companies and to assist any qualifying company.
(6) In subsection (5)(b) "qualifying company" means any company (whether incorporated under the law of the United Kingdom or of any other country) which is or will be wholly or mainly engaged in one or more of the following activities--
(a) the provision of one or more services which are licensed by the Commission or by the Radio Authority or which, if provided in the United Kingdom, would be required to be so licensed,
(b) activities incidental to such provision, and
(c) the holding of shares in any other company which is wholly or mainly engaged in such provision or in activities incidental to such provision."
(1A) In paragraph 1 of Schedule 3 to the 1990 Act (status and capacity of Channel Four Television Corporation) after sub-paragraph (3) there is inserted--
"(4) Section 24(5)(b) of this Act shall not be taken to limit the Corporation's power by virtue of sub-paragraph (3) to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under section 24(1) or (5)(a)." '
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